Madras High CourtCRL OP/19475/2016closed

C. Rajendran, v. The State Rep. By The

2016-09-06Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2016 Coram:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19475 of 2016 C. Rajendran ... Petitioner Vs.

1. The State rep.by The Superintendent of Police, O/o.Superintendent of Police, Thiruvannamalai.

2.The State rep. By The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai, Thiruvannamalai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 2nd respondent to register the case based on the petitioner's complaint dated 26.07.2016 to respondents.

For Petitioner : Mr.N.Palani For Respondents : Mr.C. Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the 2nd respondent to register the case based on the petitioner's complaint dated 26.07.2016.

2. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the respondents.

3. On a reading of the complaint, it is seen that the dispute essentially appears to be between two brothers.

4. The learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, petition enquiry is pending in CSR No.387 of 2016 and he further submitted that the petitioner is not cooperating with the enquiry.

5. Hence, the petitioner is directed to co-operate with the enquiry and the second respondent Police is directed to conduct enquiry and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, otherwise the petition may be closed under intimation to the petitioner.

With the above direction, this criminal original petition is closed. sms 06.09.2016 To

1. The State rep.by The Superintendent of Police, O/o.Superintendent of Police, Thiruvannamalai.

2.The State rep. By The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai, Thiruvannamalai District.

3.The Public Prosecutor High Court, Madras

P.N.PRAKASH, J sms Crl.O.P.No.19475 of 2016 06.09.2016